Terms & Conditions
Welcome to read the Terms & Conditions (hereinafter referred to as “the Agreement”) of Shanghai Dongsin Exhibition Co., LTD. (hereinafter referred to as “Dongsin”). ChinaMed App & chinamedonline.com is a third-party cross-border trade platform for medical devices independently developed and operated by Dongsin (hereinafter referred to as “the Platform”). Your use of the Platform (including but not limited to connecting to, accessing or browsing the Platform, or using various services or functions provided by the Platform) shall constitute your acknowledgement of the Agreement. In view of this, you are advised to carefully read the contents of the Agreement.
欢迎阅读上海东信展览有限公司(以下简称“东信”)的参展条款及细则(以下简称“本协议”)。ChinaMed App & chinamedonline.com是东信自主开发和运营的医疗器械第三方跨境交易平台(以下简称“平台”)。您使用平台(包括但不限于连接、访问或浏览平台，或使用平台提供的各项服务或功能)，即构成您对本协议的确认。鉴于此，我们建议您仔细阅读协议内容。
Ι、Clause of Acceptance
1. The contents of the Agreement shall include the text of the Agreement as well as various regulations already published or possibly published in the future through the Platform. All regulations shall constitute an integral part of the Agreement and have the same legal effect as the text of the Agreement.
2. When you access the Platform and use any service in any manner, you shall be deemed as having fully read through, understood and accepted the terms and conditions of the Agreement.
3. Individual terms of the Agreement may be adjusted as appropriate depending on the demand of business, in which case a public announcement will be published on the website without any further notice sent to you separately. Once any term is amended, the amendment shall be issued immediately and shall come into effect at once. If you continue to use the services provided by the Platform, you shall be deemed as having fully read through, understood and accepted the amended term of the Agreement. If you refuse to accept the amended term of the Agreement, you have the right to stop using the services of the Platform. In case of any dispute occurred between you and the Platform, the latest version of the terms and conditions of the Agreement shall prevail.
1. All users of the Platform shall be natural persons, corporations and other organizations with full capacity for civil right and capacity for civil conduct corresponding to the civil conducts being engaged. If you do not have such capacity, you shall not use the Platform. Otherwise all consequences thereby caused shall be undertaken by you and your custodian.
2. The Platform has the right to cancel your account and no longer provide any service to those natural persons, corporations or other organizations, whose memberships have been cancelled temporarily or permanently. Moreover the Platform reserves the right to investigate the legal liability of you and your custodian.
III. Clause of Registration
1. During registration, you may select a login name and a password at your discretion. You may use your mailbox, mobile phone number for registration or any other manner permitted by the Platform as the login method to access the Platform.
2. If you register the membership of the Platform on behalf of other natural persons, corporations or organizations, you shall represent and warrant that you have the right to make the aforesaid legal subjects bound by the terms and conditions of the Agreement.
3. While applying for registration of the membership of the Platform, you shall provide true, accurate, timely, complete and legal registration information, including but not limited to your name, nationality, contact number and e-mail address, and you shall promptly update and maintain your personal information and business information to ensure such information is true, accurate, timely and complete information.
IV. Clause of Use
1. While using the Platform, you are obligated to abide by relevant State laws, regulations and rules, and follow relevant agreements, regulations, rules, procedures and conventions of the Platform. The Platform shall not be used to engage in any illegal activity.
2. You shall assume all responsibilities independently for the truth, accurateness, timeliness, completeness and legality of the whole information published by you through the Platform, including but not limited to your personal information and business information. On condition that you provide any wrong, untrue, outdated, incomplete or misleading information, or you provide any information suspected to be wrong, untrue, outdated, incomplete or misleading by the Platform with good reason, the Platform shall be entitled to suspend, cancel or permanently freeze your account and refuse to provide you with any service.
3. You shall keep your login name and password properly, and be responsible for all activities conducted by you through this account. You shall agree that: 1) in case of any unauthorized use of your login name and password or any other condition in violation of any provision of the Agreement, you will notify the Platform immediately; 2) you will ensure to exit the Platform following the accurate procedure when each on-line period is over. The Platform shall assume no legal liability for any loss suffered by you due to your failure to observe the Agreement.
4. The Platform shall have the right to send and furnish various kinds of business information with relation to the services provided by the Platform to you via the contact information provided by you (including but not limited to e-mail address and contact number etc.). If you refuse to receive above-mentioned business information, you have to notify us in a written form.
5. It is forbidden to publish any information which 1) infringes a third party’s property right, copyright, patent, trademark, trade secret, intellectual property, right of privacy, right of reputation or authorship; 2) contains any defamatory, intimidating, harassing, obscene, pornographic or insulting content; 3) contains any fraudulent content; 4) uses discriminatory or derogatory words involving religion, race or gender; 5) contains any information banned by the Platform or unsuitable for propagation or transaction through the Platform; 6）violates State laws, regulations, rules or relevant agreements, provisions, regulations, procedures and conventions of the Platform.
6. The Platform will try every possible means to check the information provided by members, and will examine, publish or delete the information provided by members according to relevant laws, regulations and the Platform’s operating rules. However it is impossible to fully warrant the truth, accurateness, timeliness, completeness and legality of the information published by members. The Platform shall assume no legal liability for the registration information filled in and the business information published by any user.
7. You shall agree not to use any material for any commercial purpose, including but not limited to duplicating any material displayed on the Platform and using for any commercial purpose without prior written approval by Dongsin.
8. The Platform contains external links to other websites. The Platform makes no commitment for the resources provided by these websites, including but not limited to the truth, accurateness, timeliness, completeness and legality of contents, advertisements, services and product information. And the Platform shall not be requested to assume any corresponding legal liability.
9. With regard to any company information, product information, purchase requirement, demand of agency or other information, you shall agree to grant Dongsin global, royalty-free, irrevocable, non-exclusive and full license and sublicense to utilize, duplicate, modify, translate, adapt, publish, disseminate and display the above-mentioned information in whole or in part or create derivative works based on such information. You shall agree with Dongsin’s promotion of the company information, product information, purchase requirement, demand of agency and other information provided by you on all websites and mobile terminals operated by or in cooperation with Dongsin (including but not limited to those websites and mobile terminals existing or possibly constructed in the future). Furthermore you shall agree to indemnify the Platform against any legal liability caused by such information provided that the Platform never changes the substantive content of the information provided by you.
10. User on the platform are responsible for verifying authenticity and security of information during communication, the platform will not assume any legal liability for users' negligence or improper behaviour.
V. Clause of Charge
At the present stage, the Platform provides information and services free of charge. In case of any chargeable item, users will be notified separately. The Platform reserves the right to amend the Clause of Charge of the Agreement. Once the Clause of Charge is amended, the amendment shall be issued immediately and shall come into effect at once. Please be noted that: 1) You shall be solely responsible for paying all tax payable incurred because you conduct any transaction, obtain any paid service from this Platform or access the Platform as well as relevant software or hardware, communication, network service charge and other expenses. 2) The Platform reserves the right to temporarily or permanently change or stop partial or whole services without any written notice and subject only to the publicity on the Platform.
VI. Information Collection
When you register as a member of the Platform, the Platform needs to collect such information as your name, nationality, e-mail address and contact number. When you browse the Platform, the server automatically collects such information as your IP address, cookies and web page data browsed. Meanwhile the Platform collects the information of global suppliers and their products, buyers and their demands in order to create its database system.
Unless permitted by users or requested by laws, the Platform shall not reveal above-mentioned information directly related to a certain user.
VII. Legal Dispute, Argument & Complaint
1. Each user shall agree to lodge a complaint or give feedback to the Platform and provide relevant supporting documents when any fact possibly infringing their or the Platform’s rights is found during the usage of the Platform. In case of any loss caused to the Platform or any third party due to any untrue complaint or feedback, the user shall assume relevant legal liabilities.
2. The Platform has the right to deal with any dispute, argument or complaint between you and any other user arising out of the use of the Platform, ask for information from you via such ways as e-mail and phone call, and inform the other party about the understanding of the situation via such ways as e-mail. You are obligated to provide relevant information within the specified time period upon receipt of the notice sent from the Platform, cooperate with the Platform to understand and deal with the dispute, argument or complaint. Otherwise the Platform shall be entitled to determine whether the compliant and/or claim for payment filed by another user against you is tenable at its sole discretion and make a decision unfavorable to you. If the Platform determines that a claim for payment filed by another user is tenable, you shall make prompt payment. Moreover the Platform has the right to provide the obligee with your identity information as necessary, and suspend or terminate the relevant service offered to you or refuse your use of the Platform in any manner. As the Platform is not a judicial organ, you shall fully understand and acknowledge that the Platform has only limited capability to identify evidences or deal with disputes. Since the Platform deals with disputes, arguments or complaints merely based on your delegation and authorization, it cannot guarantee that the result of settlement is as expected by you, and it shall assume no responsibility for any result of settlement. The Platform shall be entitled to decide whether it will participate the settlement of any dispute, argument or complaint.
3. If any effective legal instrument confirms that a user’s act is in violation of any law or the Agreement, or the Platform believes at its sole discretion that a member is suspected to be in violation of any law or the Agreement, the Platform shall be entitled to publish and deal with the user’s act in violation, including but not limited to cancelling or permanently freezing the account or permanently banning the use of the Platform.
VIII. Suspension & Termination of Service
1. You shall agree that on condition that the Platform does not charge you, the Platform has the right to suspend or terminate the services offered to you with or without a notice or refuse your further use of this Platform in any manner. On condition that the Platform charges you, the Platform may suspend or terminate the services offered to you or refuse your further use of this Platform in any manner only after the Platform has good reason to suspect and send a notice to you via e-mail. If you have any of the following conducts, the Platform shall not be held responsible for the reduction of services offered to you, and the Platform reserves the right to investigate your legal liabilities:1.1. Failing to update the registration information when inconsistency exists between any member’s license information such as business license and the registration information; failing to update the license information when inconsistency exists between the actual business information and the license information;1.2. Publishing any information which infringes any third party’s property right, copyright, patent, trademark, trade secret, intellectual property, right of privacy, right of reputation or authorship; contains any defamatory, intimidating, harassing, obscene, pornographic or insulting content; contains any fraudulent content; uses discriminatory or derogatory words involving religion, race or gender; contains any information banned by the Platform or unsuitable for propagation or transaction through the Platform;1.3. Publishing duplicate information wantonly on the Platform without any request or authorization, publishing information beyond the scope of business of any member or publishing a great quantity of information unrelated to business on the Platform;1.4. Publishing any business information or conducting business activities using the name of any other natural person, corporation or organization fraudulently;1.5. Intentionally damaging the computer system of the Platform or the network integrity, or attempting to access the computer system or the network of the Platform without authorization;1.6. Using or providing any computer program containing any virus, disguised destructing program, computer worm, ticking time bomb program intentionally destroying, maliciously interfering or secretly intercepting or encroaching any system, data or personal profile;1.7. Misappropriating the login name and/or password of another person;1.8. Selling the account or authorizing other persons to use without the consent of the Platform;1.9. Any act in violation of State laws, regulations, rules or relevant agreements, provisions, regulations, procedures and conventions of the Platform.
2. You have the right to request the Platform to cancel your account. Upon examination and approval, the Platform may cancel your account. Then the contractual relation between you and the Platform is terminated. After your account is cancelled, the Platform is not obligated to keep or disclose any information of your account or transmit any message unread by you or already sent by you to you or any third party.
3. You shall understand and agree that after the contractual relation between you and the Platform is terminated:3.1. The Platform has the right to continue to store your information;3.2. The Platform may still claim rights if you have any act in violation of laws or the terms of the Agreement during your use of the services;3.3. Any relation established between you and other users during your use of the services shall not be terminated after the Agreement is terminated. Other users shall be entitled to claim rights, and you shall fulfill your obligations as promised.
1. Dongsin shall make its best endeavors to give you pleasurable experience during your use of the Platform. However Dongsin cannot guarantee that the Platform is free of interference and troubles, and no warranty is provided. For this reason, you shall understand and agree that you are solely responsible for any loss due to human or non-human factors, including but not limited to unexpected interruption of website, delay of operation or transmission, computer virus invasion, network connection failure and data loss.
2. The Platform shall not be held responsible for any delay or failure in performance of the terms of services by the Platform, or possible leakage, loss, misappropriation or falsification of personal data due to any cause not attributable to the Platform such as force majeure (including but not limited to natural disaster, strike, riot, act of war, act of government and any factor affecting the normal operation of the Platform such as temporary closure resulted by the specificity of Internet, including but not limited to network interruption, system failure, technical adjustment by the telecommunication administration and government control). But the Platform shall notify users and take appropriate measures after the occurrence of any force majeure in order to mitigate the loss to users as much as possible.
3. The Platform shall try its best to minimize errors. However the services or information provided by the Platform still may contain mistakes. The Platform cannot guarantee the truth, timeliness, security, accurateness and legality of the information published by users. In no event shall the Platform assume any legal liability for any direct, consequential, occasional, special or punitive damage or loss caused to any user due to the use of the Platform by the user as well as all other damages and losses even if the Platform has been informed in advance about the possibility of any damage and loss. You shall independently take the risk due to the use of the Platform.
4. Each user shall agree to indemnify and defend Dongsin, the Platform, its employees, owner and agent against any claim, demand, litigation, loss and damage whether known or unknown due to any user’s violation of the terms and regulations of the Agreement or violation of any law or a third party’s rights during its use of the Platform, including reasonable attorney fees.
5. If you are not satisfied with partial or all services offered by the Platform, you have the right to stop using such services.
X. Intellectual Property Right
1.All contents on the Platform, including but not limited to the words and pictures created by the Platform are Copyright by Dongsin. Without the prior written permission of Dongsin, all natural persons, corporations and other organizations are prohibited to use the contents of the Platform in whole or in part in any form, including but not limited to company information. The Platform reserves the right to investigate legal liabilities.
2.Use of trademark designed, used and owned by Dongsin without prior permission by Dongsin is prohibited.
3.The Platform enjoys the intellectual proper right of its developed or co-developed systems. All rights reserved.
XI. Application of Law, Jurisdiction & Miscellaneous
1.If you are a member from mainland China, the effect, conclusion, amendment, implementation, interpretation and dispute settlement of the Agreement shall be governed by the laws of People’s Republic of China. With respect to any legal dispute arising out of or in connection with the Agreement or the services provided by the Platform, a legal action shall be brought to the people’s court of the place where Dongsin is located, which is the competent court and holds the jurisdiction on the disputes. If you are from outside of mainland China, the Terms & Conditions shall be governed by the laws of Hong Kong without regard to its conflict of law provisions and you shall agree to submit to the exclusive jurisdiction of the courts of Hong Kong. Where no relevant legal regulations exist, a reference shall be made to the general international business practice and/or industry practice.
2.Between you and the Platform there only exists the relationship of independent contractor. The Agreement shall not be construed as establishing or creating any relationship of agency, partner, joint venture, employer and employee or licenser and licensee.
3.You shall agree that the Platform has the right to transfer the rights and obligations under the Agreement in part or in whole as necessary to carry out the business subject to no notice to you or approval by you.
4.The Agreement shall supersede any prior written or oral arrangement reached between you and the Platform with respect to the same subject matter. If any clause of the Agreement is judged as ineffective or unenforceable, the term shall be revoked while the rest clauses shall continue to be effective and binding. All headings in the Agreement are provided only for convenience, and shall have no legal effect.